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  • Commentaries

Scotland Case Commentaries

QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability (Peter Gasper v Tain & Fearn Medical Practice and NHS Education for Scotland) [2025] CSOH 96

QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability (Peter Gasper v Tain & Fearn Medical Practice and NHS Education for Scotland) [2025] CSOH 96

Date: Oct 17, 2025
QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability Commentary on Peter Gasper v The Partners of Tain & Fearn Medical Practice and...
Mackie v Mercedes-Benz: Misrepresentations as Continuing Acts for Prescription; broad s6(4) suspension; and Court of Session jurisdiction over Consumer Credit Act unfairness in group proceedings

Mackie v Mercedes-Benz: Misrepresentations as Continuing Acts for Prescription; broad s6(4) suspension; and Court of Session jurisdiction over Consumer Credit Act unfairness in group proceedings

Date: Oct 16, 2025
Misrepresentations as Continuing Acts, Broad s6(4) Suspension, and Court of Session Jurisdiction for Consumer Credit Act Unfairness in Group Proceedings Introduction In William Mackie (Representative...
Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership

Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership

Date: Oct 16, 2025
Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership Introduction This Outer House...
Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93

Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93

Date: Oct 16, 2025
Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93...
FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems

FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems

Date: Oct 16, 2025
FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems Introduction This commentary examines the decision of...
Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context (Russo v The Council of the Law Society of Scotland [2025] CSOH 92)

Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context (Russo v The Council of the Law Society of Scotland [2025] CSOH 92)

Date: Oct 16, 2025
Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context Case: Adrian Russo v The Council of the Law Society of Scotland...
Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Date: Oct 10, 2025
Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict Case: Appeal following a reference from the...
Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry

Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry

Date: Oct 8, 2025
Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry Introduction This commentary...
Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law

Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law

Date: Oct 2, 2025
Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law Introduction This commentary examines the Scottish Court of...
Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90

Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90

Date: Oct 1, 2025
Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90...

      Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88

Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88

Date: Sep 30, 2025
Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88 Introduction This commentary examines...
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal

“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal

Date: Sep 30, 2025
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal Case...
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

Date: Sep 30, 2025
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Date: Sep 15, 2025
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44 Citation: [2025] HCJAC 44 (Appeal Court, High Court of...
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

Date: Sep 12, 2025
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43) Introduction In Scott McDonald v His Majesty’s...
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Date: Sep 6, 2025
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84 Citation: SJM v AJD [2025] CSOH 84 (Outer House,...
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

Date: Sep 6, 2025
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985 Introduction In Nicola Drummond or...
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Date: Sep 3, 2025
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82 Introduction This...
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders

Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders

Date: Sep 1, 2025
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders...
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – Commentary on Martin McGowan v Springfield Properties PLC [2025] CSOH 81

No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – Commentary on Martin McGowan v Springfield Properties PLC [2025] CSOH 81

Date: Sep 1, 2025
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – McGowan v Springfield Properties PLC [2025] CSOH 81 Introduction This Outer...
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